An Overview of Global Cartel Enforcement and Fines in 2015

Silvia D’Alberti, John Terzaken

Abstract

This article offers an overview of the global cartel enforcement and fines in 2015. The number of cases closed in 2015 suggests that the level of cartel enforcement globally remains high, although global cartel fine totals in 2015 appear low compared to last year. Some jurisdictions, like Brazil and the European Union are more below average in enforcement and level of fines this year compared to 2014, while the United States, India and Indonesia report increases in their total fines. In 2015 competition enforcers have globally focused their investigation activities on critical and rapidly changing sectors and products. Auto parts and financial services fines led the global enforcement penalties in 2015. While financial services will remain a focus for enforcers, an increase in cartel enforcement activity is expected in 2016 in the digital, telecom, energy and consumer products sectors. Bid-rigging investigations remain under active review as well as vertical agreements (especially on e-commerce markets) and practices aimed at coordinating or facilitating the coordination of market behaviour through exchange of commercially sensitive information via customers or suppliers. Lastly, in 2015 a number of competition enforcers around the world have tackled the issue of antitrust compliance. The debate as to whether and how to credit compliance programs prominently featured in 2015 and promises to remain an issue enforcers will deal with in 2016.